Understanding the Pennsylvania Court System

1. What are the Courts in Pennsylvania and What Do They Do?

Pennsylvania’s court system consists of the Pennsylvania Supreme Court, the Superior Court, the Commonwealth Court, the Courts of Common Pleas, and “special courts.” The special courts are the Magisterial District Courts, Philadelphia Municipal Court, Philadelphia Traffic Court, and the Pittsburgh Magistrates Court. The organization and hierarchical structure of these courts is best illustrated as follows:

Each of these courts hears specific types of cases and matters. This is referred to as “subject matter jurisdiction,” which can be extremely complicated. In general, however, the special courts hear less serious civil cases and criminal cases, such as traffic violation cases. In addition, the magisterial district judges conduct hearings referred to as “preliminary hearings” to determine whether there is enough evidence in more serious criminal cases to proceed in the Courts of Common Pleas. In civil matters, magisterial district judges hear cases where the amount in controversy is $8,000.00 or less.

Most counties in Pennsylvania have a Court of Common Pleas, although some rural counties share a single judge. The Courts of Common Pleas hear major criminal cases and hear civil cases where the amount in controversy is more than $8,000.00. They also hear certain appeals from the special courts in civil, criminal, and traffic matters, and also appeals from decisions by the governing bodies of municipalities in zoning and subdivision cases. Additionally, the Courts of Common Pleas hear cases involving children and families, including divorce cases, adoption cases, custody matters and support matters. They also hear estate and probate matters.

Except for murder cases in which the death penalty has been imposed, the Superior Court and the Commonwealth Court hear appeals from decisions of the Courts of Common Pleas. Again, the jurisdiction of all Pennsylvania Courts is very specific and can be very complex, but in general, the Superior Court hears appeals in criminal cases and civil appeals, except in cases where the Commonwealth is a party. The Superior Court also hears appeals from the Courts of Common Pleas in cases involving children and families, such as divorce cases, adoption cases, child support, and spousal support. The Commonwealth Court, while generally considered to be an appellate court, also hears original jurisdiction cases, which include suits brought by and against the Commonwealth and local agencies of the Commonwealth. (Original jurisdiction cases are filed in the Commonwealth Court in the first instance.) The Commonwealth Court’s original jurisdiction also includes election cases. As an appellate court, the Commonwealth Court hears appeals from decisions from the Courts of Common Pleas involving the Commonwealth and local agencies, as well as direct appeals from the decisions of certain state agencies, including unemployment compensation and workers’ compensation appeals. The Commonwealth Court is a relatively new court, which was created by the Pennsylvania Constitution of 1968. By contrast, the Superior Court was established by the General Assembly in 1895.

The Pennsylvania Supreme Court is the state’s highest court, both judicially and administratively. In legal matters, it is the court of last resort. The Pennsylvania Supreme Court hears appeals from the Superior and Commonwealth Courts by allowance. This means that the Pennsylvania Supreme Court, like the United States Supreme Court, exercises its discretion in either accepting or rejecting appeals from the Superior Court and the Commonwealth Court. The Supreme Court also hears certain direct appeals from the Courts of Common Pleas which are specified by statute, including all death penalty cases and direct appeals from decisions of the Commonwealth Court in its original jurisdiction. In administrative matters, the Supreme Court has supervisory authority over all of the other courts of the state.

2. How Are Judges Selected in Pennsylvania?

Pennsylvania state judges are elected to their positions, with one exception: judges of the Pittsburgh Magistrates Court are appointed by the Mayor of Pittsburgh. Judicial elections take place in odd-numbered years. Judges of the Common Pleas Courts, the Superior Court, and the Commonwealth Court, and Justices of the Pennsylvania Supreme Court, are elected to 10-year terms. Magisterial district judges and judges of Philadelphia’s Municipal and Traffic Courts are elected to terms of 6 years. Judges of Pittsburgh’s Magistrate Court are appointed by the Mayor to 4-year terms. In contrast to Pennsylvania judges and justices, federal judges and justices are appointed for life by the President and confirmed by the United States Senate.

However, judges and justices in Pennsylvania may serve an unlimited number of terms. If running for retention, Pennsylvania judges and justices may run for re-election on the basis of a “yes-no” vote. This is so that there is no political pressure on judges and justices once they begin their initial term of office.

There is a mandatory retirement age for Pennsylvania judges, which is 70 years of age. However, retired judges may, with the approval of the Pennsylvania Supreme Court, continue to serve as senior judges, which helps to alleviate court backlogs. Except for appellate judges and senior judges who were sitting before January 1, 1999, senior judges may serve until they reach the age of 75.

Pennsylvania justices, judges, and magisterial district judges must meet certain basic requirements, including citizenship and residency. Except for magisterial district judges and Philadelphia Traffic Court judges, Pennsylvania justices and judges must be attorneys and must be members of the bar of the Pennsylvania Supreme Court.

Lynne K. Beust, Esquire
Bingaman, Hess, Coblentz & Bell